Force Majeure
"How is force majeure defined and applied in Turkish contracts?"
Quick Answer
Under Turkish law, force majeure generally refers to unforeseeable and unavoidable events beyond a party’s control that prevent performance. Depending on the contract and circumstances, it may suspend obligations, excuse delay, or allow termination, provided notice and mitigation duties are observed.
Legal Framework in Turkey
Force majeure is not exhaustively defined in a single provision under Turkish law. It is assessed based on the parties’ agreement and the general principles of the Turkish Code of Obligations No. 6098, particularly rules on impossibility of performance, debtor’s liability, and termination or adaptation where applicable.
Key Points to Remember
- The event must be external, unforeseeable, unavoidable, and causally prevent performance
- Force majeure often results in suspension of obligations rather than automatic termination
- Timely notice and proper evidence of the force majeure event are critical
- The affected party must take reasonable steps to mitigate damages
- Economic hardship alone does not automatically constitute force majeure under Turkish law
Drafting Considerations
When drafting force majeure clauses under Turkish law, parties should clearly define qualifying events, notification requirements, suspension periods, termination rights, and the allocation of costs and risks during the force majeure period.
Including appropriate dispute resolution mechanisms, clear governing law provisions, and well-defined obligations helps prevent future conflicts and ensures enforceability.
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